LIVE FREE OR DIE LEGAL
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This page is an unofficial LFoD record and is not legal advice. Verify the document against the official source before relying on it.

SB274: removing the phrase "mentally defective" from the aggravated felonious sexual assault statute.

Bill status: Signed by Governor

Citation
2012 SB274
Official source

Bill details

Version history, amendments, and roll-call votes were not present in the imported local bill data.

House status
Passed/Adopted
Senate status
Passed/Adopted with Amendment
Committee
HOUSE Criminal Justice and Public Safety
Hearing
04/03/2012 at 10:30 AM
Selected version
Current official bill text

Sponsors

Topics

Criminal justice and courts

Official links

CHAPTER 105

SB 274 – FINAL VERSION

01/18/12 0132s

2012 SESSION

12-2956

04/09

SENATE BILL 274

AN ACT removing the phrase “mentally defective” from the aggravated felonious sexual assault statute.

SPONSORS: Sen. Stiles, Dist 24; Sen. Carson, Dist 14; Sen. Lambert, Dist 13; Sen. Boutin, Dist 16; Sen. Barnes, Jr., Dist 17; Sen. Luther, Dist 12; Rep. Charron, Rock 7; Rep. Cali-Pitts, Rock 16; Rep. Griffin, Rock 4; Rep. Nevins, Rock 15; Rep. Pantelakos, Rock 16

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill replaces the phrase “mentally defective” for purposes of aggravated felonious sexual assault.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/18/12 0132s

12-2956

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT removing the phrase “mentally defective” from the aggravated felonious sexual assault statute.

Be it Enacted by the Senate and House of Representatives in General Court convened:

105:1 Aggravated Felonious Sexual Assault. Amend RSA 632-A:2, I(h) to read as follows:

(h) When, except as between legally married spouses, the victim [is mentally defective] has a disability that renders him or her incapable of freely arriving at an independent choice as to whether or not to engage in sexual conduct, and the actor knows or has reason to know that the victim [is mentally defective] has such a disability.

105:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 29, 2012

Effective Date: July 28, 2012